If I resign at my job, can I take all my banked overtime and vacation (+-12 weeks) as days rather than being payed out.

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Customer: If I resign at my job, can I take all my banked overtime and vacation (+-12 weeks) as days rather than being payed out. So remain on payroll till leave is used up even though I am not there anymore.
JA: How long have you worked there? How much vacation time is accrued?
Customer: worked for 9 years. I have about 12 weeks of vacation
JA: Where are you located? Paid vacation laws vary by state.
Customer: Saskatchewan canada
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I do not think so
Answered by Joey in 8 mins 1 year ago
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Joey
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Joey, Expert

Hi and thank you for using JustAnswer.  My name is ***** ***** I will be assisting you with your question.

Just a general disclaimer that this conversation is for informational purposes only. I am licensed Canadian lawyer; however, you would need to retain a lawyer to take any legal action and/or preserve any of your legal rights. I may be away from my desk from time to time, but rest assured I will always return back as soon as possible.

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Joey, Expert

Good afternoon – you can request that your employer pay you as described; however, legally they need to pay you everything owing within 14 days of your termination date unless your employer agrees to some other mutually agreeable termination date.

Customer
Can he force me to take vacation as a payout rather than staying on payroll until the 12 weeks have run out? Or can I refuse payout and insist on staying on payroll till vacation time has lapsed?
Customer
While working they prefer we take the days rather than the payout but as soon as you resign they want you off the books so they prefer to pay you out.
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Joey, Expert

It depends when the termination date is. If it’s tomorrow, they need to pay you out everything owing within 14 days unless you both agree to something else. If it’s at some point in the future, then you could use vacation days (if approved by your employer).

Customer
If I need to give 6 weeks notice then termination date would be the last of the 6 weeks, correct?
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Joey, Expert

Usually that's how it's done. Unless you employer terminated you earlier.

Customer
I understand under terminated that I have been let go, is that correct and is that the same as I resign?
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Joey, Expert

Resigning is you quitting. Termination is when the employer no longer wants you to work for them.

Customer
I am trying to figure out the timing of my resignation. All the above still applies in the same way?
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Joey, Expert

If your last day is 6 weeks from now, then they would need to pay you anything outstanding within 14 days of your last day.

Customer
Ok thanks
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Joey, Expert

Thank you for using JustAnswer. I wish you the best of luck. If you have any follow up questions about this matter, please do not hesitate to reach out to me.

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